Rajasthan High Court - Jaipur
Yogesh Kumar vs State Of Rajasthan Through P P on 3 August, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 7985 / 2017
Yogesh Kumar S/o Bhaguram B/c Jat, R/o Charanwasi, Police
Station Sadar Jhunjhunu, District Jhunjhunu, Raj. (At Present
Accused Petitioner Confined in District Jail, Jhunjhunu).
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Anil Mahala and
Mr. Karamveer
For Respondent(s) : Mr. Rajesh Gadwal
For State : Mr. S.K. Saini, Public Prosecutor
_____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 03/08/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Yogesh Kumar in the matter of FIR No. 98/2017 registered at Police Station Kotwali, District Jhunjhunu, for offences punishable under Sections 420, 467 and 468 of IPC.
Learned counsel for petitioner submits that though petitioner is a bonafide purchaser still after knowing the facts mentioned in FIR and in pursuance of order dated 11.07.2017 when this Court released petitioner on interim bail, he filed written statement before learned Sub Divisional Magistrate, Jhunjhunu in Regular Case No. 108/2017 (Vimla vs. Yogesh and Ors.) and (2 of 3) [CRLMB-7985/2017] bonafidely gave his consent and prayed that he has no objection if the suit filed by plaintiff Vimla wife of Shri Rohitash Jat is decreed and the alleged sale deed dated 26.05.2016 is being cancelled, he has no objection. He submits that petitioner is in custody since 11.05.2017, he was previously released on interim bail which was not misused by him and he surrendered on due date before learned Trial Court, therefore now his regular bail may be allowed.
Learned Public Prosecutor Mr. S.K. Saini opposed the bail application and submitted that there are criminal antecedents of present petitioner, therefore his bail application may be cancelled.
Mr. Rajesh Gadwal learned counsel appearing on behalf of complainant submits that if petitioner is not contesting the suit filed by Vimla before learned Sub Divisional Officer, Jhunjhunu and co-operates in passing decree in favour of Vimla then he has no objection in allowing this bail application.
I have considered the submissions made at bar. Since petitioner has already filed written statement before the Civil Court where complainant filed suit for declaration and injunction and gave his consent in his written statement regarding decreeing the suit and assures this Court that he will co- operate in passing decree in the aforesaid suit before learned Sub- Divisional Officer, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioner Yogesh Kumar.
(3 of 3) [CRLMB-7985/2017] Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
Therefore, it is ordered that the accused-petitioner Yogesh Kumar S/o Bhaguram in FIR No. 98/2017 registered at Police Station Kotwali, District Jhunjhunu, shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.
(BANWARI LAL SHARMA)J. S. Kumawat/08